King v. African Methodist Episcopal Church, Inc.

132 So. 3d 13, 2013 WL 2451334, 2013 Ala. Civ. App. LEXIS 125
CourtCourt of Civil Appeals of Alabama
DecidedJune 7, 2013
Docket2111119
StatusPublished
Cited by1 cases

This text of 132 So. 3d 13 (King v. African Methodist Episcopal Church, Inc.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. African Methodist Episcopal Church, Inc., 132 So. 3d 13, 2013 WL 2451334, 2013 Ala. Civ. App. LEXIS 125 (Ala. Ct. App. 2013).

Opinion

PITTMAN, Judge.

This appeal, taken by six former trustees of a congregation of a hierarchical national church entity, concerns the validity of a purported transfer of ownership of real property that has been utilized by the local congregation in fellowship with that larger entity for a number of decades.

In July 2011, The African Methodist Episcopal Church, Inc. (“the national church corporation”), a nonprofit corporation based in Philadelphia, Pennsylvania, brought a civil action in the Bullock Circuit Court against Tommy King, Jr., Timothy M. Tarver, Annie Ellison, Jessie Lee Hill, Ulysses Turner, and Wilson Turner (collectively, “the defendant trustees”), who were six of the seven trustees of the Great Hope African Methodist Episcopal Church (“Great Hope AME Church”), an unincorporated church body possessing six parcels of real property in Bullock County that have been used for religious purposes. According to the complaint, as amended, filed by the national church corporation, the defendant trustees unilaterally announced the withdrawal of Great Hope AME Church from its association with the national church corporation as of September 25, 2011; the national church corporation alleged that the defendant trustees had breached their fiduciary duties as trustees and had failed to follow the Book of Discipline of the African Methodist Episcopal Church — 2008 and sought, among other things, injunctive relief preventing the defendant trustees from conveying the assets of Great Hope AME Church and interfering with the appointment of pastors by presiding bishops of the national church corporation. The defendant trustees responded by asserting that the national church corporation had [14]*14no standing because, they said, the instruments conveying real property to Great Hope AME Church did not contain any language indicating an intent to convey any interest in those properties to the national church corporation. After an ore tenus proceeding, the trial court entered a preliminary injunction and directed the defendant trustees to take no action to remove Great Hope AME Church from the national church corporation.

In November 2012, the national church corporation filed a motion for a summary judgment on its claims, relying upon deposition testimony of the defendant trustees and the exhibits introduced into evidence at the preliminary-injunction hearing. The national church corporation contended that there was no genuine issue of material fact and that it was entitled to a judgment declaring void the defendant trustees’ purported transfer by quitclaim deed of six parcels of real property held by Great Hope AME Church to a nondenominational unincorporated entity called simply “Great Hope Church.” The defendant trustees filed a response in opposition in which they incorporated their assertion that they were entitled to a summary judgment in their favor, but they adduced no additional evidence apart from a number of affidavits of individual members of Great Hope AME Church expressing support for the withdrawal of Great Hope AME Church from the fellowship of the national church corporation. The trial court entered a summary judgment in favor of the national church corporation. The defendant trustees appealed; their appeal was transferred to this court pursuant to Ala. Code 1975, § 12-2-7(6).

Although we note that the trial court held an ore tenus proceeding before entering its preliminary injunction in favor of the national church corporation, and that the national church corporation quotes liberally from the transcript of that proceeding in its appellate brief, the judgment under review is a summary judgment entered after the parties had filed additional evidentiary submissions following the entry of the injunction. We thus apply the familiar summary-judgment standard of review:

“A motion for summary judgment tests the sufficiency of the evidence. Such a motion is to be granted when the trial court determines that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. The moving party bears the burden of negating the existence of a genuine issue of material fact. Furthermore, when a motion for summary judgment is made and supported as provided in Rule 56, [Ala. R. Civ. P.,] the nonmovant may not rest upon mere allegations or denials of his pleadings, but must set forth specific facts showing that there is a genuine issue for trial. Proof by substantial evidence is required. The reviewing appellate curt must apply the same standard utilized by the trial court when reviewing a summary judgment.”

Sizemore v. Owner-Operator Indep. Drivers Ass’n, Inc., 671 So.2d 674, 675 (Ala.Civ.App.1995) (citations omitted).

The trial court, in entering its summary judgment, posited that “[t]his is not a property dispute between [the national church corporation] and Great Hope [AME] Church”; rather, that court opined, the dispute centered around “the authority of the then trustees to convey the subject property without a vote of the church members at a duly called meeting authorizing the trustees to convey the subject property.” As the trial court correctly noted, there was no vote on the part of Great Hope AME Church to withdraw from the national church corporation nor [15]*15any vote by the membership of Great Hope AME Church to authorize the trustees to convey the six parcels identified in the quitclaim deed purporting to convey the parcels to “Great Hope Church.” That said, the trial court based its judgment in favor of the national church corporation as to that issue upon that court’s reading of two Alabama statutes pertaining to conveyancing by entities incorporated in Alabama that include various churches, public societies, and graveyard owners, Ala.Code 1975, §§ 10A-20-2.06 and 10A-20-2.07; however, as the plain language of § 10A-20-2.06 indicates, the provisions of those statutes speak only to “[t]he trustees or other authorized agents of any church, conference of churches, society, association, or other corporation organized under this article” (emphasis added), meaning article 2 of Chapter 20 of the Corporations title of the Alabama Code of 1975. It is undisputed, however, that neither Great Hope AME Church nor the national church corporation were, in fact, organized or incorporated under Alabama law, much less under the article whose provisions the trial court cited as the basis for its judgment.

We are thus left with the question whether the trial court correctly entered the summary judgment regardless of its reasoning. See McMillan, Ltd. v. Warrior Drilling & Eng’g Co., 512 So.2d 14, 26 (Ala.1986) (opinion on application for rehearing) (appellate court “will affirm a summary judgment if it was properly granted, notwithstanding the fact that the trial court gave the wrong reasons for granting it”). Here, the national church corporation posits on appeal that the summary judgment was correct because, it says, the national church corporation is the “beneficial owner” in trust of all six parcels at issue and has the power to seek judicial protection of its property rights when trustees, such as the defendant trustees in this case, do not act to protect such a trust. The defendant trustees, for their part, posit that Great Hope AME Church held title to four of the six parcels at issue by and through its trustees (two parcels named in the quitclaim deed to “Great Hope Church” were previously deeded, respectively, to “African Methodist Episcopal Church South” and jointly to “Great Hope Home Aid Society” and “Great Hope Lodge Number 839” rather than Great Hope AME Church).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Barber v. Barber ex rel. Barber
185 So. 3d 455 (Court of Civil Appeals of Alabama, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
132 So. 3d 13, 2013 WL 2451334, 2013 Ala. Civ. App. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-african-methodist-episcopal-church-inc-alacivapp-2013.